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(영문) 창원지방법원 2017.03.07 2016가단106875
건물명도
Text

1. The Plaintiff:

A. Defendant B ordered the real estate listed in the separate sheet, and from September 2, 2016, the said real estate.

Reasons

1. Basic facts

A. On December 4, 2013, the Plaintiff entered into a lease agreement (hereinafter “first lease agreement”) with respect to F103 on the first floor F1st, Sinsi, Gun (hereinafter “instant store”) by setting the lease deposit amount of KRW 5,000,000, monthly rent of KRW 300,000 (prepaid on January 2, 2014) and the lease period from January 2, 2014 to January 1, 2016. (b) After that, the foregoing E, who represented the Plaintiff, concluded the lease agreement with Defendant B by setting the lease term of KRW 5,00,000, monthly rent of KRW 300,000, monthly rent of KRW 80, July 8, 2014 to January 1, 2016 (hereinafter “instant store”).

C. Defendant C and Defendant D carried on the Handphone sales business with the trade name “G” while occupying the instant store.

From May 2015, Defendant B did not pay the rent until now.

[Ground of Recognition] With respect to Defendant B: The absence of dispute, each entry in Gap evidence 1 through 5, the purport of the whole pleadings, as to Defendant C and D: Each entry in Gap evidence 1 through 5, and the purport of the whole pleadings

2. In light of the facts acknowledged before the determination as to the cause of the claim, since the first and second lease contracts were terminated or terminated on the grounds of the expiration of the period of validity or the delay of rent, Defendant B is obligated to deliver the instant store to the Plaintiff and pay the Plaintiff the overdue rent or the amount of unjust enrichment equivalent to the rent, calculated at the rate of KRW 300,000 per month from September 2, 2016 to the completion of delivery of the instant store, and Defendant C and D are obligated to leave the said store.

3. Thus, the plaintiff's claim against the defendants is justified and all of them are accepted. It is so decided as per Disposition.

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